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Wednesday, January 29, 2014

Judge Disqualified over Facebook ‘Friend’ Request

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

Back in February, the American Bar Association cautioned judges about their use of social media. While sites like Facebook and Twitter can help judges stay in touch with the wider world, the ABA admonished that they should think twice before “friending,” “liking,” or “following” somebody.

A case in Florida drives home that concern.

The dispute centers around a circuit court judge who presided over a divorce proceeding. Before entering a final judgment, Judge Linda D. Schoonover sent the wife a Facebook “friend” request that the woman didn’t accept, according to court documents. In a complaint, the lawyer for the wife accused the judge of then retaliating against her by allegedly saddling her with “most of the marital debt” and giving the husband “a disproportionately excessive alimony award.”

Last week, an appellate court kicked the judge off the case and assigned the matter to a different judge, concluding that the wife had a “well-founded fear of not receiving a fair and impartial trial.”

The unrequited friend request “placed the litigant between the proverbial rock and a hard place: either engage in improper ex parte communications with the judge presiding over the case or risk offending the judge by not accepting the ‘friend’ request,” the appeals court wrote in its Jan. 24 decision. (Chicago intellectual property attorney Evan Brown, who blogs about...

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Tuesday, November 12, 2013

How to Help Philippines Typhoon Victims

Today's post was shared by The New York Times and comes from thelede.blogs.nytimes.com

Last Updated, 4:36 p.m. | As the full scale of the devastation wrought across the islands of the Philippines over the weekend by Typhoon Haiyan came into fuller view on Monday, governments around the world have pledged aid to the victims. The Pentagon has dispatched an advance team of 90 marines and sailors, and U.S.A.I.D. has pledged emergency shelter and hygiene materials and 55 tons of food. The American Embassy in Manila has donated $100,000 for water and sanitation assistance.
Below is a list of contact information for some organizations that plan to provide relief to victims of the typhoon, called Yolanda in the Philippines. The New York Times does not certify the charities’ fund allocations or administrative costs. More information about giving, for this and other causes, is available online from the GuideStar database on nonprofit agencies.
Philippine Red Cross
The Philippine Red Cross is accepting donations and coordinating disaster relief on the ground throughout much of the central Philippines. The organization is posting updates on Facebook and Twitter.
World Food Program
The World Food Program, which provides emergency food aid to families and children, is accepting donations online and through PayPal.
Unicef
The Philippine branch of Unicef, the United Nations Children’s Fund, says that children affected by the typhoon need urgent access to drinkable water, medical supplies, food and shelter. It is accepting donations online as part of an emergency...
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Monday, November 4, 2013

Truck driver was looking at phone in deadly crash

Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com

The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.
Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.
Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.
The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.
Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.
He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.

Friday, September 27, 2013

ARE YOU OVEREXPOSING YOURSELF IN SOCIAL MEDIA?

Today's post comes from guest author Laurel Anderson, from Causey Law Firm.
By Laurel Anderson from Causey Law Firm
     Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram and other wildly popular social media websites have transformed how people both connect with each other and obtain information about other people. It has also created a change in the legal arena. For our clients who are currently applying for or receiving workers’ comp time loss benefits, or Social Security Disability Insurance (SSDI) benefits, our advice is to keep in mind the importance of privacy settings for both written information and photos on their individual accounts. While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
     From our experience, you can now assume that claims managers, employers, and defense attorneys will search for information on the internet regarding your personal life that can impact your claim for benefits. Please make sure that any outdated information regarding your activities is removed from your personal page. Do not use social media to vent about your employer or state agencies that are the decision-makers in your claim. You may be under the impression that only your friends can see your personal page, and that you have some right to privacy. However, be aware that all of the content on your walls, including photos and instant messaging, could be potentially discoverable by your employer or opposing counsel in a litigated case if the content is relevant to your claim for benefits.
     The risk is somewhat less in the SSDI arena since there actually is an agency directive to ALJs and DDS adjudicators that they are not to use social media to research claimants. We nevertheless warn our SSDI clients concerning social media, as we are not convinced that agency people are always playing by the rules, or that those rules may not soon change.
Photo credit: lindes / Foter / CC BY-NC-SA

Wednesday, September 25, 2013

Public Disclosures Don't Bar Halliburton FCA Suit, Court Says

Today's post is shared from law360.org.

The False Claims Act’s public disclosure bar does not prevent a water purification specialist's lawsuit accusing Halliburton Co and KBR Inc of violating contractual duties to test and purify lavatory and drinking water used by U.S. troops in Iraq, a federal court in Virginia ruled on Thursday.

The FCA’s public disclosure bar jurisdictionally bans claims based on matters that were publicly disclosed unless the relator was the original source of the allegations. Although the court ruled that the companies did make public disclosures about the information at-issue, it determined that it was more likely than not that whistleblower Benjamin Carter did not base his claims on that information.

“Carter has shown that he had independent knowledge of the facts underlying his claim and that he derived his allegations from his own independent knowledge,” the court wrote.

Carter, a former reverse osmosis water purification unit operator, has long been locked in a legal battle against Halliburton and KBR affiliate Kellogg Brown & Root Services Inc. over claims they billed the government for water purification work they never did at U.S. bases in Al Asad and Ar Ramadi, Iraq.

Halliburton had argued that Carter got his information from prior allegations brought against the oil company, but the district court ruled that Carter based his claims on first-hand experiences.
“Although the...
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Tuesday, September 10, 2013

Canada court allows disabled veteran class action to continue

Today's post was shared by WCBlog and comes from jurist.org


A judge for the Supreme Court of British Columbia [official website] on Friday declined to dismiss a class action lawsuit filed by disabled members of the Canadian military seeking to invalidate a veteran compensation law that limits payments to disabled veterans. 

Last year disabled veterans joined together to challenge the constitutionality of the 2005 New Veterans Charter (NVC) [government backgrounder], which gave disabled soldiers capped one-time payments in lieu of lifetime monthly payments.

The veterans assert that the NVC's lump-sum payment system fails to adequately provide for disabled veterans returning from the war in Afghanistan. 

The Attorney General of Canada [official website] filed a motion to dismiss the lawsuit, arguing that the plaintiffs failed to make out a winnable claim. Justice Gordon Weatherill, however, denied the motion, emphasizing that the case raises important issues [Canadian Press report] regarding the government's promises to compensate injured service members. 

The court ordered the government to file a response to the plaintiffs' complaint.

Veterans' rights remain a controversial issue around the globe, especially in the US. Earlier this month the US Department of Justice (DOJ) announced [JURIST report] that it will no longer enforce a federal law that denies same-sex spouses veterans...
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Sunday, September 8, 2013

Facebook Delays New Privacy Policy

Today's post was shared by WCBlog and comes from bits.blogs.nytimes.com


Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.
Karen Bleier/Agence France-Presse
Getty Images
Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

Facebook has apparently decided to delay a proposed new privacy policy after a coalition of privacy groups asked the Federal Trade Commission on Wednesday to block the changes on the grounds that they violated a 2011 settlement with the regulatory agency.

A spokeswoman for the F.T.C. confirmed Thursday that the agency had received the letter but had no further comment.

In a statement published by The Los Angeles Times and Politico on Thursday afternoon, Facebook said, “We are taking the time to ensure that user comments are reviewed and taken into consideration to determine whether further updates are necessary and we expect to finalize the process in the coming week.”

Asked about the delay, a Facebook spokesman said he was unaware of the latest developments.
When it first announced the changes on Aug. 28, Facebook told its 1.2 billion users that the updates were “to take effect on September 5.”

The changes, while clarifying how Facebook uses some information about its users, also contained a shift in legal language that appeared to put the...
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Thursday, September 5, 2013

To Promote Wellness, Public Health Departments Are Launching Apps. Will They Work?

Employee health concerns will soon be advanced by technology. Knowledgeable use of "apps" will assist workers' in identifying occupational conditions and hazards. Today's post was shared by RWJF PublicHealth and comes from healthland.time.com

Courtesy of Alabama Department of Public Health
Courtesy of Alabama
Department of Public Healt

The Alabama Department of Public Health is venturing into the mobile universe as the first state with a health app for residents.

“Normally Alabama comes in last when it comes to health indicators, but we were one of the first states to be on Facebook and Twitter and YouTube. This is just another goal for us,” says Jennifer Pratt Sumner, the director of the digital media branch of the department.

The app, which is free to download from Google Play or iTunes, brings all of the social media feeds put out by the various public health divisions into one place. It also provides health news alerts and information about wellness events, such as the annual Alabama Youth Rally. Some recent tips included educational conferences open to the public, and tips on safely consuming shellfish in the state.

(MORE: Two-Faced Facebook: We Like It, but It Doesn’t Make Us Happy)
“As more and more Americans use their smartphones to gather health information, I think we’ll see a greater number of health departments rolling out their own apps,” says Alexandra Hughes, an account director at Ogilvy Public Relations Worldwide, who wrote an analysis on social media effects entitlted “Using Social Media Platforms to Amplify Public Health Messaging” [PDF].

“Consumers are already flocking to apps to do things like count calories, prepare healthier...
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Friday, August 30, 2013

Texting a Message to A Driver Imposes Liability for an Accident

In an unanimous decision a NJ Appellate Court held a texter potentially liable for causing a motor vehicle accident:

"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.

"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.

"We conclude that a person sending text messages has a 
duty not to text someone who is driving if the texter knows, or 
has special reason to know, the recipient will view the text 
while driving. But we also conclude that plaintiffs have not 
presented sufficient evidence to prove that Colonna had such 
knowledge when she texted Best immediately before the accident.

LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,

Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 2013
….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Read more about "texting" and workers' compensation:
Jul 31, 2009
New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction ...
Feb 11, 2011
A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn ...
Apr 29, 2011
CDC urged employers to prohibit texting while driving. A safety initiative by employers will go along way to reducing workers' compensation costs. "What is already known on this topic? Highway transportation crashes are the ...
Apr 18, 2011
Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving. It is the intention of OSHA to provide education and ...

Social Media Passwords Off Limits to Employers

NJ Governor Chris Christie signed legislation that prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

See A2878

Read more about "social media" and workers' compensation:
Aug 15, 2013
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that ...
Apr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
Jul 02, 2012
The Workers' Compensation and Workplace Injury Section, invites you to the 2012 AAJ (American Association for Justice) Annual Convention in Chicago. A goal of the Section is to provide for our members the best ...
Dec 03, 2012
Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world.

Sunday, August 25, 2013

OK's True Cost Control Feature

Counsel fees are a critical element to workers' compensation claims. David DePaolo's recent blog post highlights how counsel fees motivate some claim strategies in Oklahoma where a 30% fee prevails. Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


Most of the attention Oklahoma's reform is getting in the work comp world is about opt-out.
But another minor provision of that law may be something more meaningful for traditional work comp systems to keep an eye on.

Oklahoma for some time has had a "value added" provision on its books for attorney fees.
In short, claimant attorneys fees are capped at 30%, but in the past that cap was available only if the employer admitted the claim, provided medical coverage and made a written settlement offer.
Under Senate Bill 1062 all that is required now is that the employer make a written settlement offer, then the claimant attorney fee is capped at 30% of the difference between what the settlement offer is, and what the award actually ends up being.

For instance, if an employer offers an injured worker a settlement of $10,000, the worker hires an attorney and obtains a $15,000 settlement, the claimant's attorney would only be entitled to attorney fees of up to 30% on the $5,000 difference between the two awards.

Because the law in the past required admitting liability and providing medical services, many employers deferred making settlement offers, thus prolonging case adjudication, ergo expense.
Since employers would have to admit the claim in order to invoke the cap on attorney fees, claimants' attorneys began adding additional body parts to increase the value of the case and make it more difficult for employers to admit the claim - employers were loath to admit to body parts that they...
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Thursday, August 22, 2013

US Supreme Court Asked to Review MSP Preemption Issue

The US Supreme Court has been asked to review a claim on behalf of an injured worker who asserts that the Medicare Secondary Payer Act did not preempt State law (i.e.. Texas) that required a Workers' Compensation claimant to obtain preauthorization from relevant insurance carriers before incurring certain medical expenses. The Fifth Circuit Court of Appeals held that Medicare's conditional payment for a workers surgeries did not render the  state law mandate for  preauthorization requirements "moot."

A Writ of Certiorari was filed with the US Supreme Court on Aug. 8, 2012 and a response is due September 11, 2013 

Guadalupe Caldera v. Insurance Company of the State of Pennsylvania, US Supreme Court Docket No. 12-40192. Case below, 716 F 3d 861, Docket No, 12-40192, 5th Cir Ct Appeals, Decided May 14, 2013.
….
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.


Wednesday, August 21, 2013

Senate fails to revive workers' comp bill for first responders

The NJ Senate has been unable change the burden of proof required for First Responders to prove compensability. While some jurisdictions have multiple "presumptions of compensability" statutorily enacted, NJ has consistently maintained a minimal number. Today's post was shared by WCBlog and comes from www.nj.com


State Senate Democrats have failed to override Gov. Chris Christie's recent veto of a bill that would have made it easier for emergency first responders to obtain workers' compensation coverage when they get injured or contract a disease on the job during a terrorist attack or another catastrophic event.

The bill would have required the employer to challenge any work-related injuries and illness, shifting the burden away from nurses, firefighters, police officers, rescue squad members and other first responders who have to prove how and when they were hurt or sickened under the current system.

Wages and medical benefits would be paid if "any death or disability, including post traumatic stress disorder, arises from the physical or psychological impact of stress or injury experienced by the public safety worker during response to a terrorist attack, epidemic or other catastrophic emergency," according to the bill sponsored by Sen. Linda Greenstein (D-Middlesex).
Christie said while the state is grateful for the heroic work of its first responders, New Jersey can't afford this legislation.

Thursday, August 15, 2013

Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post was shared by WCBlog and comes from p.ost.im

Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.

In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”

Tuesday, July 2, 2013

New Vital Signs Report How has the prescription painkiller overdose epidemic grown in women

The prescription painkiller epidemic is killing more women than ever before. New data shows prescription painkiller overdose deaths among women have skyrocketed. Since 1999, the percentage increase in deaths was more than 400 percent among women compared to 265 percent in men.

"About 18 women die every day of a prescription painkiller overdose in the US, more than 6,600 deaths in 2010. Prescription painkiller overdoses are an under-recognized and growing problem for women."

To read more about this report click here: US CDC

Click here to read "Press Release: Prescription Painkiller Epidemic Among Women"

Read more about painkillers and workers' compensation:
Oct 28, 2009
A pharmacy dispensed narcotic painkillers to a Patricia Copening, 35 year old doctor's office receptionist, who killed a 21 year old man in a fatal Las Vegas accident. A case is pending against the seven pharmacies (Wal-Mart, ...
Jun 18, 2013
Labels: Drugs, opioids, pain killers, Prescription medication, workers compensation. Posted by Jon Gelman at Tuesday, June 18, 2013 · Email ThisBlogThis!Share to TwitterShare to Facebook · Newer Post Older Post Home ...
Oct 14, 2011
Researchers from the Centers for Disease Control and Prevention report that Schedule II prescription painkillers, like oxycodone, today cause more drug overdose deaths than cocaine and heroin combined. Oxycodone and ...
Jun 21, 2013
When a physician overprescribes painkillers and the patient dies, it's criminal. Similarly, when a workers' compensation insurance carrier acts the same way, it should be a criminal act,” said Singer. To read the entire letter to ...

Thursday, May 9, 2013

Protecting Healthcare Workers is a Goal of NIOSH

In the US there are over 14 million healthcare workers and many are not adequately protected from hospital and nursing home infections. Now NIOSH is going on the education offensive to alert healthcare workers on how to use respiratory protection at work.

Over the last few months, I have seen first hand how hospitals struggle to stop the spread of Staph
and Strep infections to little avail.Many healthcare professional don't know how to properly take an efficient culture while swabbing the patient's skin leading to alarming rates of incorrect diagnosis and frantic use of high powdered antibiotics that merely stress that patient more.

"Poor compliance with respiratory protection requirements and proper use recommendations in healthcare settings remains a vexing problem."

Click here to read the complete NIOSH announcement.

Tuesday, April 30, 2013

Hyde Park Corner - A New Place on Facebook for Discussions

Congratulations to my good friend, Stephen Embry, on the inauguration of his new page on Facebook to post  discussions about current topics, including workplace safety. His new page is called The Hyde Park Corner.

To commemorate the inauguration of The Hyde Park Corner,
I stopped by in London today to see and
hear what was happening actually at The Hyde Park Corner. 


I must say that things are a lot more significant and current on Steve's page. I would encourage you to visit it in the near future.


Tuesday, February 5, 2013

Protect American workers from exposure to silica on the job

At least 1.7 million construction workers could be protected from cancer-causing silica if an OSHA protection – stalled for two years – is put into action.

The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures.  You can join the 2700 other people who have signed on here:

Sign the petition.

In the time it takes to create an account at the White House website – about three minutes – at least three more workers will have been exposed to silica. 

Monday, February 4, 2013

World Cancer Day 2013

1.5 million premature cancer deaths could be prevented per year if targets set to reduce NCDs are met by 2025

On World Cancer Day, UICC and International Agency for Research on Cancer (IARC) reveal real-life impact of achieving goal

Monday 4 February 2013 – World Cancer Day: Geneva, Switzerland – The Union for International Cancer Control (UICC) and the International Agency for Research on Cancer (IARC) today announced that 1.5 million lives which would be lost to cancer, could be saved per year if decisive measures are taken to achieve the World Health Organization’s (WHO) ‘25 by 25’ target; to reduce premature deaths due to non-communicable diseases (NCDs) by 25% by 2025.[i]

Currently, 7.6 million people die from cancer worldwide every year, out of which, 4 million people die prematurely (aged 30 to 69 years).i So unless urgent action is taken to raise awareness about the disease and to develop practical strategies to address cancer, by 2025, this is projected to increase to an alarming 6 million premature cancer deaths per year.

“The estimate of 1.5 million lives lost per year to cancer that could be prevented must serve to galvanise our efforts in implementing the World Health Organization’s (WHO) ‘25 by 25’ target,” said Dr Christopher Wild, Director of IARC. “There is now a need for a global commitment to help drive advancements in policy and encourage implementation of comprehensive National Cancer Control Plans. If we are to succeed in this, we have a collective responsibility to support low- and middle-income countries who are tackling a cancer epidemic with insufficient resources.”

The 1.5 million lives lost per year represent 25% of the estimated 6 million premature cancer deaths that will occur by 2025, and the 6 million figure is itself based on population projections of current numbers and aging.[1]